North Dakota Code 37-26-01 – Definitions
As used in this chapter:
Terms Used In North Dakota Code 37-26-01
- Armed forces: means army, marine corps, navy, air force, space force, and coast guard. See North Dakota Code 37-01-01
- children: includes children by birth and by adoption. See North Dakota Code 1-01-18
- Military: means armed forces. See North Dakota Code 37-01-01
- National guard: means that part of the military forces of this state which is organized, equipped, and federally recognized under the provisions of the National Defense Act, as amended, of the United States as the "national guard, air national guard, of the United States and the state of North Dakota". See North Dakota Code 37-01-01
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
- United States: includes the District of Columbia and the territories. See North Dakota Code 1-01-49
1. “Adjutant general” means the adjutant general of North Dakota.
2. “Beneficiary” in relation to a deceased veteran, means, in the order named:
a. The surviving unremarried husband or wife as of the date of signing the application; b. The surviving child or children and the lawful issue of a deceased child or children by right of representation; c. The surviving person standing in loco parentis; or d. The surviving parent or parents.
3. “Domestic service” means service by a veteran during the period of service which is not foreign service.
4. “Foreign service” means service by a veteran during the period of service anywhere in the Persian Gulf theatre.
5. “Honorable and faithful” means service evidenced by:
a. An honorable discharge, or its equivalent; b. In the case of an officer, a certificate of service; and
c. In the case of a veteran who has not been discharged, a certificate from the appropriate service authority that the veteran’s service was honorable and faithful.
6. “Period of service” means the period of time beginning August 2, 1990, and ending June 30, 1993.
7. “Resident” means a person who:
a. Was born in and lived in the state of North Dakota until entrance into the armed forces of the United States; b. Was born in, but was temporarily living outside the state of North Dakota, not having abandoned North Dakota residence at the time of entrance into the armed forces of the United States; or
c. Was born elsewhere but had resided within the state of North Dakota for the last six months before entrance into military service and had prior to or during that six-month period:
(1) Voted in the state of North Dakota; (2) Was an emancipated minor during such period of residence or had lived with a parent or person standing in loco parentis who was a resident; or
(3) Was not registered for voting in another state after being a resident.
d. “Resident” also means a veteran who was a bona fide resident of the state of North Dakota at the time of entering the armed forces, as determined under the rules of the adjutant general and the laws of this state. A person is not a resident of North Dakota for the purpose of receiving any benefits under this chapter if the person was on continuous active duty in the armed forces, immediately prior to August 2, 1990, and has not established actual abode in North Dakota prior to April 18, 1991.
8. “Veteran” means a member of the national guard or reserve component who was activated under 10 U.S.C. § 12301, in effect on December 31, 2004, or 10 U.S.C. § 12302, in effect on December 31, 2011, and who completed honorable and faithful service of more than thirty days on active duty in the armed forces of the United States at any time during the period of service, who was a resident of the state of North Dakota, and who has not received bonus or adjusted compensation from another state for the period of service.